START foundation grant - Terms and Conditions.
Our principal objectives are to:
1.1 Provide grants for Amputees to participate in their chosen sport in order to achieve their sporting dreams.
1.2 Generate funds to award in the form of grants to Amputees to participate in their chosen sport in order to achieve their sporting dreams.
1.3 Generate funds or partner with organisations to undertake research to benefit Amputees.
As part of our objectives, we raise funds to support a grant program to assist Amputees in the purchase of prosthetic limbs, limb devices and equipment modification. The intent of the provision of grants is to assist Amputees in the purchase of prosthetic limbs, limb devices and equipment modifications to actively pursue and achieve sporting dreams.
3. Eligibility requirements
3.1 To be considered for a Grant, you must:
3.1.1 Demonstrate proof of Australian citizenship;
3.1.2 Provide an itemised quote from an eligible manufacturer for the desired prosthetic, prosthetic device or equipment modification (START Foundation will review and verify your quote and manufacturer. If you are unable to provide a quote, START Foundation may recommend a manufacturer);
3.1.3 Provide two references from any of coach, mentor, teacher or employer;
3.1.4 Provide a medical certificate verifying amputation, limb impairment or limb difference;
3.1.5 Outline details of current prosthetist or equipment manufacturer that is presently providing support (if any);
3.1.6 If shortlisted for a grant, participate in an interview – face to face or via video-con (skype); and
3.1.7 If successful in being selected for a grant, accept all the terms and conditions of the contract.
3.2 Where applications are eligible for government funding toward some components of a prosthetic prescription, a START Foundation grant will cover part of or the outstanding 'gap' payment.
3.4 Grants will NOT be awarded for a retrospective purchase of a prosthetic limb, limb device or equipment modification.
3.5 Grant payments are made directly to the third party provider of the prosthectic limb, limb device or equipment modification
Definitions and Duration.
4.1 In this Agreement, certain words and phrases have defined meanings. They are indicated by initial capital letters. However, "we" and "you" are not capitalised in this way but are detailed in Items 1 and 2 of the Schedule.
4.2 Where a defined word or phrase is used in one clause only, it is usually defined in that clause. Otherwise, the definitions are in clause 30.
5. Duration of the Agreement
This Agreement starts on the Commencement Date and ends on the Completion Date, unless terminated earlier.
What you must do.
6. Your obligations in expending the Grant
6.1 In expending the Grant, you must:
6.1.1 Use all proper care;
6.1.2 Comply with any guidelines notified to you in writing from time to time;
6.1.3 Notify us immediately if anything happens which may restrict you from expending the Grant;
6.1.4 Communicate with us, especially if there is an issue that may delay, stop or adversely affect the Grant;
6.1.5 Provide information and documents we reasonably require; and
6.1.6 Not act in a way that may bring our granting program into disrepute.
7. Your obligation to acknowledge our support
7.1 In any material you publish, you must acknowledge our financial and other support in a form of acknowledgement we reasonably specify and you must ensure that all advertisements, promotional activities and any other public relations matters in relation to this Agreement are approved by us.
7.2 Without limiting your obligation at clause 7.1, you must display our logo on any goods that are purchased by us through the Grant including but not limited to sporting uniforms, prosthesis, devised and modified equipment.
7.3 We reserve the right to publicise and report on the awarding of Grant to you, including the amount of the Grant given to you, your name and the title, and a description of the funding purpose.
About the Grant.
8. Paying the Grant
Subject to your compliance with this Agreement, we will pay the Grant set out in Item 3 of the Schedule directly to eligible manufacturers.
9. When can we withhold payment?
9.1 We can withhold any or all of a Grant payment if we consider at our sole discretion that you and/or an eligible manufacturer:
9.1.1 Have not used the Grant in accordance with this Agreement and/or the eligible manufacturers quote; or
9.1.2 Have breached any other term of this Agreement.
10. Spending the Grant
10.1 The Grant will be transferred in full or in part towards a verified and approved quote from an eligible manufacturer and must be allocated towards:
10.1.1 Purchasing prosthetic limbs, limb devices and equipment modification pursuant to an approved quote in accordance with clause 3.1.2; &
10.1.2 In accordance with this Agreement.
11. Personal Information
11.1 In relation to personal information received, created or held by you for the purposes of this agreement, you agree:
11.1.1 Not to transfer personal information outside Australia, or to allow parties outside Australia to have access to it, without our prior written approval;
11.1.2 To co-operate with reasonable demands or inquiries made by the Information Commissioner or us in relation to the management of personal information;
11.1.3 To ensure that any person who you allow to access personal information is made aware of, and undertakes in writing, to observe the Australian Privacy Principles;
11.1.4 To comply with policy guidelines laid down by us or issued by the Information Commissioner from time to time relating to the handling of personal information;
11.1.5 If requested by us, at the end of this agreement, to return all Records containing personal information to us;.
11.1.6 To your name being published in reports by the Information Commissioner; and
11.2 You must immediately notify us if you become aware:
11.2.1 Of a breach of your obligations under clause 11;
11.2.2 That a disclosure of personal information may be required by law; or
11.2.3 Of an approach to you by the Information Commissioner or by a person claiming that their privacy has been interfered with.
Disclosure of Information.
12. Confidential Information
12.1 In this clause 12.1, "Confidential Information" means information that:
12.1.1 The parties know, or ought to know is confidential; or
12.1.2 The parties agree in writing after the date of this Agreement is confidential information for the purposes of this Agreement.
12.2 Subject to clause 12.3, a party must not disclose Confidential Information to anyone, without the prior written consent of the other party.
12.3 A party can disclose Confidential Information to the extent that it:
12.3.1 Is disclosed to its internal management personnel, solely to enable effective management or auditing of Agreement-related activities; or
12.3.2 Is authorised or required by law to be disclosed; or
12.3.3 Is in the public domain otherwise than due to a breach of this clause 12.
12.4 Where a party discloses Confidential Information to another person under clause 12.3 they must:
12.4.1 Notify the receiving party that the information is confidential; and
12.4.2 Not provide the information unless the receiving person agrees to keep the information confidential.
12.4.3 You agree to secure all of our Confidential Information against loss and unauthorised access, use, modification or disclosure
Dealing with Risk.
13.1 You indemnify us against the following:
13.1.1 All liability; and
13.1.2 All losses, costs, and expenses (including those set out in clause 13.2 if caused by the circumstances set out in clause 13.3.)
13.2 The losses, costs, and expenses against which you indemnify us include loss or expense in dealing with any claim against us (including legal costs on a solicitor/own client basis, the cost of time spent, resources used and disbursements paid).
13.3 For the purposes of clause 13.1, you indemnify us in circumstances where our liability, loss, cost or expense was caused by:
13.3.1 Your act or omission in carrying out this Agreement, but only where you were at fault; or
13.3.2 Your breach of this Agreement.
13.4 Your liability to indemnify us under this clause 13 is reduced proportionately to the extent that our own fault caused our loss.
13.5 Our right to be indemnified under this clause 13 is in addition to any other remedy we have at law or under this Agreement. However, we are not entitled to be compensated for more than our actual loss.
Terminating the Agreement.
14. Our right to terminate, or reduce the scope of, the Agreement
14.1 Even though you are not in default, we can terminate this Agreement, or reduce its scope, at any time by giving you written notice.
14.2 If under clause 14.1, we terminate this Agreement or reduce its scope, we are only liable to you for payments that were due to the eligible manufacturer before the date of termination or reduction.
14.3 If we terminate or reduce the scope of this Agreement under clause 14.1, you must:
14.3.1 Immediately do everything you can to lessen all losses, costs and expenses that you may suffer from the termination or reduction; and
14.3.2 Assist us in collecting the Grant or the relevant part of it from the eligible manufacturer.
14.4 We are not liable to pay you compensation for any loss of benefits that you would have received had the termination or reduction not occurred.
15. Our right to terminate for your default or financial circumstances
15.1 We can terminate this Agreement immediately by notice to you if any of the following occur:
15.1.1 You breach any of your obligations under this Agreement and we consider that the breach cannot be rectified;
15.1.2 You breach any of your obligations under this Agreement and you do not rectify the breach within 10 Business Days after we give you a notice to rectify it;
15.1.3 We are satisfied on reasonable grounds that you are unable or unwilling to satisfy the terms of this Agreement;
15.1.4 We consider that our decision to approve the Grant was affected by a statement in your application for Grant that was incorrect, incomplete, false or misleading.
15.2 This clause 15 does not affect our other rights under this Agreement, or otherwise at law.
16. Dispute Resolution
16.1 Unless otherwise specified in the Schedule, if a dispute or difference (called collectively a "dispute" in this clause 16, and in clauses 17 and 18) arises between you and us, both parties agree to deal with the dispute in the following way:
16.1.1 The party who claims that a dispute exists will give the other party a notice setting out the nature of the dispute;
16.1.2 The parties will then try to resolve the dispute by negotiation, within 20 Business Days from when the notice is given, and for that purpose may authorise persons to act for them.
16.2 If the dispute is not resolved within 20 Business Days from when the notice is given, a party may submit the dispute to a form of alternative dispute resolution (including mediation).
16.3 A party cannot start legal proceedings in relation to the dispute unless:
16.3.1 The negotiations fail to resolve the dispute within 20 Business Days of when the notice is given; or
16.3.2 Where a party submits the dispute to alternative dispute resolution under clause 16.2 — the dispute is not resolved within 20 Business Days of that submission (or any extended time the parties have agreed in writing before the expiry of the 20 Business Days).
17. Exceptions to clause 16
17.1 A party does not need to follow the dispute resolution procedures set out in clause 16.2 if they are seeking urgent interlocutory relief from a court.
17.2 We need not follow the procedures set out in clause 16 in relation to actions we take under clauses 14 (Termination, or reduction in scope, where you are not in default) or 15 (Termination for your default or for your financial circumstances).
18. Obligation to perform despite dispute
Whether or not a dispute exists, each party must continue to perform its obligations under this Agreement.
Other Legal Matters.
19. Relationship between the parties
19.1 This Agreement does not make you our partner, agent or employee.
19.2 You must not misrepresent your relationship with us.
19.3 Neither party is authorised to legally commit or represent the other party in any way.
19.4 Neither party may attempt to bind or represent the other in any way.
20. Entire Agreement
This Agreement comprises the entire agreement between the parties about the subject matter of this Agreement. It supersedes all prior communications, negotiations and agreements, whether oral or written, about the subject matter of this Agreement.
21. Governing law
This Agreement is governed by the law Victoria.
22. Variation of this Agreement
This Agreement may only be varied in writing, signed by both parties.
23. Enforcement of part does not prevent enforcement of another part
23.1 We are not prevented from enforcing any part of this Agreement merely because:
23.1.1 We did not enforce that part on an earlier occasion; or
23.1.2 We do not enforce another part.
24. You must not assign your rights
24.1 You must not assign your rights under this Agreement without first getting our written consent.
24.2 In this clause 24, "assign" includes novate or transfer, in whole or in part.
25. Effect of invalidity of part
If part of this Agreement is found to be invalid, the rest of the Agreement continues in effect as if the invalid part were excluded.
26.1 A notice under this Agreement is ineffective unless it is in writing.
26.2 Also, a notice under this Agreement is ineffective unless it meets the following requirements:
26.2.1 Where you give it to us—you address it, and forward it, to the address specified in Item 4 of the Schedule, or as we otherwise direct;
26.2.2 Where we give it to you—we address it, and forward it, as specified in Item 4 of the Schedule, or as you otherwise direct; and
26.2.3 In either case, it is signed by, or on behalf of, the person giving it.
26.3 A notice may be given:
26.3.1 By hand delivery; or
26.3.2 By prepaid post; or
26.3.3 By electronic transmission, including by email or by facsimile.
26.4 A notice is treated as having been given if:
26.4.1 Delivered by hand—on delivery to the relevant address;
26.4.2 Sent by post—on delivery to the relevant address, or 5 Business Days after it was posted, whichever is earlier;
26.4.3 Transmitted electronically—when received by the addressee.
27. Interpretation: General
27.1 In this Agreement:
27.1.1 Headings are for convenience only and have no effect on interpretation; and
27.1.2 Footnotes are for information only and are not part of the Agreement; and
27.1.3 A provision is not to be interpreted against a party merely because that party proposed it.
27.2 Also in this Agreement, unless the contrary appears:
27.2.1 Where a word or phrase has a defined meaning, any grammatical form of that word has a corresponding meaning; and
27.2.2 A reference to legislation or a legislative provision includes a reference to any amendment, substitution or re-enactment of that legislation or provision; and
27.2.3 ‘Includes’ in any of its forms is not a word of limitation; and
27.2.4 A reference to $ or dollars is a reference to Australian currency; and
27.2.5 The singular includes the plural and vice versa.
28. Defined terms
28.1 In this Agreement, unless the contrary appears:
28.1.1 We or us (and grammatical variations such as ours) means Start Foundation Limited and includes our officers, delegates, employees, other contractors and agents;
28.1.2 You (and grammatical variations such as your) means the individual set out in the Schedule.
28.2 Also in this Agreement, unless the contrary appears:
Agreement comprises these terms and conditions, including any schedules and any documents incorporated by reference into these terms and conditions or any schedules to these terms and conditions.
Amputee means a full or partial removal of a limb, limb impairments or limb difference from birth, or as a consequence of an accident or medical condition.
Business Day means any day other than a Saturday, Sunday, public or bank holiday in the place where the relevant act is to be done.
Commencement Date means the date on which the Agreement was signed by the last party to do so.
Completion Date means the date that the Grant is fully disbursed to the agreed purchase of prosthetic limbs, limb devices and/or equipment modification.
Information Commissioner has the same meaning as it has in section 3A of the Australian Information Commissioner Act 2010 (Cth).
Interest means interest calculated at an interest rate equal to 2% per annum more than the rate from time to time fixed by the Penalty Interest Rates Act 1983 (Vic).
Grant means the money, or any part of it, paid to you as set out in Item 3 of the Schedule.
Records has the same meaning as it has in section 6 of the Privacy Act.
Schedule means a schedule to this Agreement. It may include annexures and incorporate other documents by reference.